Opinion
NO. WR-88,023-01
07-22-2020
EX PARTE RICHARD LEE MAZA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. S-07-3239HC IN THE 36 DISTRICT COURT FROM SAN PATRICIO COUNTY Per curiam. OPINION
Applicant was convicted of aggravated sexual assault and sentenced to 35 years' imprisonment. The Thirteenth Court of Appeals affirmed his conviction. State v. Maza, No. 13-14-00128-CR (June 11, 2015). He filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends that appellate counsel failed to timely file a PDR in this Court. Based on the record, the trial court has determined that appellate counsel's performance denied Applicant the opportunity to file a PDR.
Relief is granted. We find that Applicant is entitled to the opportunity to file an out-of-time PDR of the judgment of the Thirteenth Court of Appeals in case number 13-14-00128-CR that affirmed his conviction in Cause No. S-07-3239CR from the 36 District Court of San Patricio County. Applicant shall file his PDR with this Court within 30 days of the date on which this Court's mandate issues. Delivered: July 22, 2020
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